Croitoru (not precedential): The Ultimate Expression Of Frustration With USCIS Refusal To Provide Information
In re Gheorghe Croitoru
No. 09-1675
Not Precedential
http://www.ca3.uscourts.gov/opinarch/091675np.pdf
April 20, 2009
Judges Barry, Ambro, and Smith. Per Curiam decision.
I admire the enthusiasm of Mr. Croitoru, who it seems is so frustrated that it is difficult to obtain a copy of his entire immigration file (also referred to as his A-file or alien file) along with the file of his parents, that he went off and filed a writ of mandamus in the Third Circuit against USCIS! Love the enthusiasm.
Unfortunately, the Third Circuit pointed out you need to file the writ of mandamus in the district court first, not directly in the Third Circuit. And also, you would need to show that no alternative remedy is available. The Third Circuit referred to FOIA, perhaps not knowing that FOIA takes an extremely long time for USCIS to respond to (and many people say the quality and quantity of their responses are quite disappointing).
Nevertheless, the debate about whether a FOIA would effectively be futile must be heard first in the district court, not the Third Circuit. So this case is truly fascinating for the depths of frustration USCIS causes someone who earnestly seeks a copy of his own file (and that of his parents). Good luck, Mr. Croitoru!
No. 09-1675
Not Precedential
http://www.ca3.uscourts.gov/opinarch/091675np.pdf
April 20, 2009
Judges Barry, Ambro, and Smith. Per Curiam decision.
I admire the enthusiasm of Mr. Croitoru, who it seems is so frustrated that it is difficult to obtain a copy of his entire immigration file (also referred to as his A-file or alien file) along with the file of his parents, that he went off and filed a writ of mandamus in the Third Circuit against USCIS! Love the enthusiasm.
Unfortunately, the Third Circuit pointed out you need to file the writ of mandamus in the district court first, not directly in the Third Circuit. And also, you would need to show that no alternative remedy is available. The Third Circuit referred to FOIA, perhaps not knowing that FOIA takes an extremely long time for USCIS to respond to (and many people say the quality and quantity of their responses are quite disappointing).
Nevertheless, the debate about whether a FOIA would effectively be futile must be heard first in the district court, not the Third Circuit. So this case is truly fascinating for the depths of frustration USCIS causes someone who earnestly seeks a copy of his own file (and that of his parents). Good luck, Mr. Croitoru!
posted by Rex at 9:00 AM
6 Comments:
If this is regarding Gheorghe Croitoru that lived in Boyne Falls, Mi, I hope I can help. He was deported to Europe and is trying to get home. I grew up with him, he was my brothers best friend they went to Boyne Falls Public School together. Is there a way that I can see if the school has his immigration file or somthing, so I can get him back home?
U.S. government clearly is aware that he, gheorghe crotirou, is an American (U.S. Citizen)as the United States of America (Federal Prosecutor, Paul A. Tuchmann) announced several times in federal court that that the Defendant Mr. Croitrou is a derivative U.S. Citizen through the naturalization of his mother when his mother had naturalized when Mr. Crotioru was 14 years old! And announced pursuant to section 320 of the INA. Its on record and the they provided him with a redacted version, not the authentic version, due to that they knew and know that they; the U.S. gov. had wrongfully or illegally done waht they had done; sending an American abroad by force and to a country that did not recognize him as a national of that foreign country, that he was forced to appear at. All had been done illegally, and the gov., including the courts, are fully aware of! He was given a federal Judge that, was impartial!, as it turned out to be from the begining that the Judge himself had brought forth charges against him, and not the gov., because the gov. would always say to the Judge in court, that, Mr. Croitoru is a derivative U.S. Citizen and the Judge playing games as he failed, like always, to release him from wrongfull incarceration!!! That is Wrong!!!
I.C.E., the well known INS, like/loves to Violate all the Articles and laws as they can so they can ruin innocent peoples lives as they did in the past and they will as always. Regarding gheorghe croitrou, ICE and the entire government played a scheme game on him for absolutely nothing. United States of America follows Roman tradition as seen under 7 fam as it is the law and/or policy including the regulations that the State department follows. gheorghe croitoru fled romania as its on record and the federal Judge jack B. Weinstein including the state of california and Michigan, N.J. and the United States! The government violated this Article as well, like they always do! :ARTICLE 27
The loss of the Romanian citizenship by the approval of the renunciation does not produce
any effect upon the spouse or minor children citizenship.
9
Nevertheless, if both parents obtain the approval of the renunciation at the Romanian
citizenship and the minor child is together with them abroad or lives the country together with them,
the minor loses the Romanian citizenship together with his parents and if these ones have lost the
Romanian citizenship on different dates, on the last of these dates. The minor child who, in order to
domicile abroad, lives the country after both parents have lost the Romanian citizenship loses the
Romanian citizenship on the date of his leaving from the country.
Therefore, the Judes and the United States gives false allegations that its both parents when in reality a child derives and aqcuires U.S. nationality and Citzenship through one parent!!! Not both!! Section 301 of the INA; section 320
He's naturalized through the naturalization of his parent father pursuant to and according to section 341 of the Act (I.N.A.) He's a "national under 101(a)(21) of the I.N.A.
pursuant to Title 33 CFR section 141.25, Evidence of citizenship, gheorghe croitoru has school records and has documents/letter from the Armed Forces, Selective Service System, which clearly means gheorghe croitoru is a citizen of the United States as indicated in Title 33 cfr section 141.25(b)(5) and has citizenship under clause (b)(9)
heres the US Law that the enter US Government ignored/ignores and unlawfully/illegally Deports Americans out of the county based on Lies, :
ยง 141.25 Evidence of citizenship.
(a) For the purposes of this part, the employer may accept as sufficient evidence that a person is a citizen of the United States any one of the following documents and no others:
(1) A valid merchant mariner's document issued by the Coast Guard which shows the holder to be citizen of the United States.
(2) An original or certified copy of a birth certificate or birth registration issued by a state or the District of Columbia.
(3) A United States passport.
(4) A Certificate of Citizenship issued by the Immigration and Naturalization Service.
(5) A Certificate of Naturalization issued by a Naturalization Court.
(6) A letter from the Coast Guard issued under paragraph (d) of this section.
(b) If a person does not have one of the documents listed in paragraphs (a)(1) through (a)(6) of this section, that person may appear in person before an Officer in Charge, Marine Inspection, and submit one or more of the following documents which may be considered as evidence that the applicant is a citizen of the United States:
(1) A Certificate of Derivative Citizenship or a Certificate of Naturalization of either parent and a birth certificate of the applicant or other evidence satisfactorily establishing that the applicant was under 21 years of age at the time of the parent's naturalization.
(2) An original or certified copy of a birth certificate from a political jurisdiction outside the United States which demonstrates citizenship status.
(3) A Baptismal certificate or parish record recorded within one year after birth.
(4) A statement of a practicing physician certifying that the physician attended the birth and has a record showing the date on which the birth occurred.
(5) A commission, or evidence of commission, in the Armed Forces of the United States which shows the holder to be a citizen of the United States.
(6) A continuous discharge book or certificate of identification issued by the Coast Guard or the former Bureau of Marine Inspection, provided the document shows that the applicant produced satisfactory evidence of citizenship at the time the document was issued.
(7) A delayed certificate of birth issued under a state seal, provided there are no collateral facts indicating fraud in its procurement.
(8) A report of the Census Bureau showing the earliest available record of the applicant's age or birth.
(9) Affidavits of parents, relatives, or two or more responsible citizens of the United States, school records; immigration records; insurance policies; or other records which support the citizenship claim.
(c) In any case where doubt exists concerning evidence of citizenship submitted under paragraph (b) of this section, the Officer in Charge, Marine Inspection, may refer the matter to the United States Immigration and Naturalization Service for an advisory opinion.
(d) If the documents submitted under paragraph (b) of this section are determined by the Officer in Charge, Marine Inspection, to be sufficient evidence that the applicant is a citizen of the United States, the Coast Guard issues the applicant a letter acknowledging this determination.
(Approved by the Office of Management and Budget under OMB control number 2130-0182)
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]
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